Should You Speak to Police?

Clients often ask me if they should speak to police following a vehicle stop, when they come to your home, or simply stop you on the street. My advice is always not to speak to police but never be rude or aggressive with the officers. It is always important to be respectful of the officer but to never volunteer information about where you are coming from or where you are going. All your statements, written and verbal, can be used against you especially if you' re charged with DUI, DWI, illegal gun or narcotic offense.

Police, despite what they may tell you, aren't interested in your side of the story. If they are coming to speak to you about an allegation or report about an allegation or a report, they will make an arrest based on whether they find the complainant or victim credible. Your version of what occurred is simply a possible defense and it is simply not their job to evaluate that defense but to determine whether or not probable cause exists for an arrest.

The Credibility of The Victim vs. Your Side of the Story

If, for example, police come to you because a person claimed that you assaulted them, while in the possession of handgun, they will arrest you if they find the victim credible.  They don't need to find a gun to charge you with a crime!  Telling police you were simply defending yourself is admitting that some type of altercation occurred. While you may ultimately do this during a trial, it is important that you give your attorney an opportunity to evaluate the situation first.  Remember police aren’t interested in your side of the story but if you say something it is admissible in court. I always advise a person to retain attorney because when a lawyer speaks on your behalf, it isn’t evidence but argument from your attorney, which can’t be used against you.  

Statement to Police or the Victim

In addition to statements to police, never say anything to the alleged victim, in any form, following an incident.  Remember that unlike communications with your attorney, aren't covered by attorney-client privilege 

I can't tell you how many clients have damaged their case from simply sending a text message to the alleged victim with some type of implied or explicit apologize.  Even if you feel bad, don't say anything.  It will never help your case

If you are interested in how to deal with police in a way that won’t hurt your case I encourage you to keep reading my blog and check out some of my books which are on my website.